Summary: We will not investigate Mr B’s complaint about the way he was treated by his social worker. This is because we could not add to the Council’s response or make a different finding of the kind Mr B wants even if we investigated.

The complaint

1. Mr B complained that his social worker made false accusations about him. Mr B says the social worker denied making the accusations and he feels belittled and has suffered distress since that time. Mr B says because of the accusations he has left the services of the mental health team as he feels no one trusts him. Mr B wants the social worker and the adult care services to acknowledge what they have done, say why they did it and apologise.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

3. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

4. I considered the information and documentation Mr B and the Council provided. I sent Mr B a copy of my draft decision for comment and discussed his concerns with him.

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What I found

5. Mr B says false accusations have been made against him and wants recognition of this.
6. The Council investigated Mr B’s complaints. It said Mr B had continued contact with his social worker up until his admission to hospital. During sessions, Mr B talked about his mental distress and wish to take his own life. The social worker shared her concerns and spoke with other professionals including the mental health services. It says the social worker contacted the hospital to check on Mr B’s progress and attended his discharge planning meeting. During the meeting the social worker explained her reasons why she had referred Mr B to the mental health services and her concerns for his wellbeing and safety. The Council says the social worker explained her reasons were in Mr B’s best interests.
7. The Council’s response explains the social worker and her manager, were concerned the Council could not meet Mr B’s presenting support needs, and, believed the relationship with the social worker was no longer therapeutic. The Council says it shared this with the Approved Mental Health Professional (AMHP). The Council apologised this had upset Mr B but explained the decision was based on clinical evidence at the time and was not meant to distress him but to get the best treatment for him at the time. The social worker’s manager confirmed it had shared her belief with the AMHP that Mr B’s relationship with the social worker was no longer therapeutic.
8. The Council says the social worker explained to Mr B in the discharge planning meeting her reasons for stepping back. With Mr B’s agreement a referral was made to the mental health services but said Mr B’s care may be transferred back to the Council in the future, although Mr B disputes he agreed to the referral. The Council explained if Mr B returned the department he would not have the same social worker as before. Mr B says he has lost trust in the services and no longer receives support.
9. The Council has apologised for the way Mr B feels and confirmed it was not its intention to make him feel this way. The Council says the social workers intentions were to support positive health and wellbeing.
10. We could not add to this even if we investigated. We could not make a finding of the kind Mr B want as we were not there when the alleged accusations were made.
11. Mr B says he has not received the records and case notes he requested five months ago showing the social worker discriminated against him because of his health issues. It would be reasonable for Mr B to ask the Information Commissioner’s Office (ICO) to consider whether he should have access to the information he wants.

Make a complaint | ICO

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Final decision

12. We will not investigate this complaint. This is because we could not add to the Council’s response or make a different finding of the kind Mr B wants even if we investigated.

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Investigator's decision on behalf of the Ombudsman